H-1 Professionals in Specialty Occupations

What is an H1 Visa

The H1 Visa (commonly known as the H-1B Visa) is a U.S. non-immigrant work visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations. These roles generally require a bachelor’s degree or higher in a specific field such as IT, engineering, science, medicine, finance, or law. The visa is employer-sponsored and typically issued for up to 3 years, extendable to a maximum of 6 years.

H1 Visa Requirements

To qualify for an H1 Visa:

• The job must be in a specialty occupation that requires specialized knowledge and a minimum of a bachelor’s degree or equivalent.

• The foreign worker must possess the required degree or equivalent education/work experience.

• The U.S. employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor.

• There must be a valid employer-employee relationship between the U.S. company and the applicant.

• The employer must pay the prevailing wage for the occupation in the geographic location of employment.

H1 Visa Process

The H1B visa process includes the following steps:

1. Employer files an LCA with the Department of Labor (DOL) to certify wage and working conditions.

2. Once the LCA is certified, the employer files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.

3. If the petition is approved, the applicant files Form DS-160 and schedules a visa interview at a U.S. embassy or consulate.

4. The applicant attends the interview, provides biometrics, and presents all supporting documents.

5. Upon approval, the visa is issued, and the applicant may enter the U.S. to begin employment.

Note: H1B visas are subject to an annual cap (currently 65,000 regular and 20,000 for U.S. master’s degree holders), and selection is done through a lottery system.

H1 Visa Processing Time

• USCIS Petition Processing: Typically 3 to 6 months, but can vary.

• Premium Processing: Optional 15-day expedited service (for an extra fee).

• Visa Stamping & Interview: May take a few weeks to several months, depending on the U.S. embassy/consulate.

• Overall Timeframe: The complete process may take 3 to 9 months or more depending on the cap lottery, USCIS backlog, and consular availability.